Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling Leases and Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
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Buying and Selling Leases
Bulk applications affecting one or more Land Registry Office
How to get advance approval to the transfer
Land Registry will also check the form of execution and advise Conveyancing Solicitors and Property Lawyers if supporting evidence, such as a Power of Attorney or Board Resolution, is required.
Any documents referred to in the transfer will need to be lodged by Conveyancing Solicitors and Property Lawyers if, in Land Registry judgment, the transfer cannot be fully interpreted without them.
If these contain commercially sensitive information, Conveyancing Solicitors and Property Lawyers should consider reframing the transfer to avoid referring to them. Deeds referred to on the register and any supporting documentation lodged with Land Registry are available to the public as of right.
Where the transfer contains an application for a restriction Conveyancing Solicitors and Property Lawyers will need to consider the points set out in section: Restrictions.
Prior approval of any charge / Mortgage ?
A Mortgage (charge) for this purpose means a legal Mortgage or charge over Land. Conveyancing Solicitors and Property Lawyers should send a copy of the mortgage (charge) or draft mortgage for inspection. Land Registry will need to inspect the Mortgage for:
- the charging clause;
- any application for the noting of an obligation to make further advances
- validity of execution or proposed form of execution.
Where the Mortgage contains an application for a restriction Conveyancing Solicitors and Property Lawyers will need to consider the points set out in section 8: Restrictions. Please note that approvals of Mortgages containing standard restrictions must be directed to the Commercial Arrangements Section and the a Land Registry office.
Restrictions
Only standard form of restrictions (as set out in schedule 4, Land Registration Act 2003) are permitted in transfers, approved forms of charge and in clause LR13 in a prescribed clauses lease. If clause LR13 is not completed in such a Lease, any application to register a restriction contained within the body of the Lease will be ignored. All other forms of restriction in transfers, Leases and approved forms of Mortgage must be applied for using form RX1.
Where the restriction is not a standard form of restriction, the Registrar must be satisfied that the terms of the proposed restriction are reasonable and that applying the proposed restriction would be straightforward and not place an unreasonable burden on the register. If the restriction requires notice to be given to a person, requires a person's consent or certificate or is a standard form restriction that refers to a named person, remember to include that person's address for service.
Please note that any approval for restrictions given for a Mortgage forming part of a Small Scale Application or a Large Scale Application are for the particular purpose only. The approval does not extent beyond the application in question. If it is the intention that a particular form of Mortgage is to be used on subsequent applications, and:
- that Mortgage will be in favour of the same Lender;
- its wording is constant
Conveyancing Solicitors and Property Lawyers should bring this to the attention of Land Registry when seeking approval of the Small Scale Application or Large Scale Application as it may be possible to apply for specific approval using form ACD.
Transfers of Charges (Mortgages) by Local Authorities
Where Mortgages, registered or not, are transferred by a local authority, the consent of the borrowers must accompany the application to register the transfer. This is because, under section 7(3) Local Government Act 1986 a transfer of a mortgage by a local authority made without the consent of the proprietor of the Land is void. Each consent must:
- be signed by all the proprietors of the Property
- be dated no earlier than six months before the date of the transfer
- identify (where appropriate) the title against which the Mortgage is registered
- be in the form prescribed by the Local Authorities (Disposal of Mortgages) Regulations 1986.
The transfer must also contain, in panel 9, a certificate by the vendor Local Authority confirming that the consent to the transfer given by the proprietor(s) of the Land has not been withdrawn or ceased to have effect.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 4 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling Leases 4)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
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